Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Entire DC Network

Charles E. Lindblom, Richard Adelstein Dec 1991

Charles E. Lindblom, Richard Adelstein

Richard Adelstein

An intellectual biography and review of the work of Charles E. Lindblom.


Republican Revival/Interpretive Turn, Stephen M. Feldman Dec 1991

Republican Revival/Interpretive Turn, Stephen M. Feldman

Stephen M. Feldman

The civic republican revival and the interpretive turn are two leading movements in constitutional jurisprudence. Civic republicanism emphasizes that citizens belong to a political community where they participate in a dialogue about the common good. Interpretivism, meanwhile, holds that all of our practices, including constitutional adjudication, are interpretive; we are always situated within interpretative communities and traditions that simultaneously constrain and enable understanding. Civic republicanism and interpretivism, however, both face serious challenges. Critics of the republican revival charge that it invites oppression and silencing of divergent voices because it emphasizes the community and the common good. Opponents of the interpretive ...


First Nations And The Constitution: A Question Of Trust, Brian Slattery Dec 1991

First Nations And The Constitution: A Question Of Trust, Brian Slattery

Brian Slattery

No abstract provided.


Continuity And Change Redux: Market And State In American History, Richard Adelstein Dec 1991

Continuity And Change Redux: Market And State In American History, Richard Adelstein

Richard Adelstein

A review of Jonathan Hughes, The Government Habit Redux (1991).


Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet Dec 1991

Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins Dec 1991

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins

Ira P. Robbins

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions ...


The Legal Basis Of Aboriginal Title, Brian Slattery Dec 1991

The Legal Basis Of Aboriginal Title, Brian Slattery

Brian Slattery

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.


How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman Dec 1991

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Floralynn Einesman

No abstract provided.


Whose Common Good? Racism In The Political Community, Stephen M. Feldman Dec 1991

Whose Common Good? Racism In The Political Community, Stephen M. Feldman

Stephen M. Feldman

Political pluralists and civic republicans have launched constitutional and political theory into a controversy of paradigmatic proportions. Pluralists insist that politics is no more than a struggle between autonomous and rational individuals or groups who strive to satisfy their preexisting private interests. Civic republicans argue instead that the government should pursue the common good, not preexisting private interests. Something vital is missing from this debate: a recognition of and confrontation with American racism. In the context of American society, no constitutional or political theory can succeed without a comprehensive awareness and understanding of racism. The Constitution must be understood, interpreted ...